BS v Dundee City Council [2013] CSIH 91
Posted In: Case Law-
Legal Body
-
Type of Claim / Jurisdiction
Dismissal
An employee (C) appealed against a decision of the employment appeal tribunal (E) reversing a decision of the employment tribunal (T) that C had been unfairly dismissed, setting that decision aside and remitting it to a new employment tribunal panel.
The issue for determination was whether or not his employers (P) could reasonably have been expected to wait longer before dismissing him. C was employed by P for 35 years. The reason cited for C dismissal was incapacity. In September 2008 C suffered from a nervous disability following a charge of serious criminal offence. C’s GP approved his absence from work based on depression and anxiety.
The charge against C was dismissed in May 2009 yet C
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